손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. From around 2007 to 2008, Defendant B had operated the ancient flagpoles in the name of “F” by leasing from D and E, the co-owner of the instant building and the husband and wife of the instant building (hereinafter “instant building”).
B. On December 30, 2012, the Defendant leased the instant building from D and E as the lease term of 36 months (However, the lessor’s name under the lease contract was D) and operated a restaurant of “G”.
C. On July 1, 2015, the Defendant changed the name of the business operator to Defendant Ah because it is necessary for the property relationship between Defendant and Defendant Ah on July 1, 2015, but only changed the name of the business operator, and the Defendant continued to operate the said restaurant.
Around June 2016, the defendant decided to transfer the above restaurant business to the plaintiff, and requested the plaintiff to find E along with the plaintiff to consent to the transfer of the above restaurant business.
However, E did not agree to the sale of the instant building because it was thought that E would sell it.
E. Nevertheless, the defendant requested E through Dong I to consent to the transfer of the above business right, and on June 20, 2016, the plaintiff and E's husband D shall prepare a written statement stating that "if the plaintiff acquired the building of this case and the plaintiff continued to lease the building of this case to a restaurant within three years thereafter, E and D shall not sell it to sell it and lease it to a restaurant (for more than five years), and if the plaintiff claims damages, the defendant shall be liable to compensate the plaintiff, and the plaintiff shall deliver the written statement to the plaintiff and obtained consent to the transfer of the business right from E.
F. The Plaintiff, on the same day, delivered the instant building from D and E on June 22, 2016, and the term of lease is actually agreed upon from the delivery date until E sells or reconstructs the instant building, as seen below, from January 30, 2017.